How do I file my federal income tax--single or married?

If my husband is a foreign national, living in his own country (we were married here in the US in Oct 2008, but he had to return to Australia shortly after we were married, to await his visa--lack or preparation on my part) and he has never had income earned in the US. We have no children in common and own no property in commonHow do I file my federal income tax--single or married?
Since you are married you cannot file as Single.





You can file a joint return with your non-resident alien spouse if he agrees to be treated as a resident and be subject to US taxation on his world wide income. If he agrees you must attach a joint signed statement to this effect to every joint return that you file. If he paid any foreign income taxes on his earnings you can claim a credit for the foreign income taxes paid using Form 1116.





Since he does not have an SSN he will need to apply for an ITIN in order to file a joint return. Attach a completed Form W-7 along with apostilled copies of his proof of ID to the first joint return and mail the entire package to the Austin, Texas Service Center. (Leave his SSN field blank on the return.) They will process the ITIN, apply it to the return, and then process the return. Allow 14 to 16 weeks total processing time.





If he does not agree to be treated as a resident and be subject to US taxation then you must file Married Filing Separately unless you are otherwise qualified to file as Head of Household. Your spouse cannot be the qualifying person for HoH filing status though. If he had no gross income you may claim his personal exemption but will need to secure an ITIN in this case. See the procedure above. If you do not claim his personal exemption then he does not need an ITIN. Just write ';N R A'; in his SSN field in this case.How do I file my federal income tax--single or married?
You're quite welcome. TFTP.

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you should file it married cause your technically married